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2026 DAILYLAW 25543 (KAR)

M/S NAYAN AND PATEL AUTOMOBILES v. GREATER BENGALURU AUTHORITY

WP/17333/2026 · 2026-06-25

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31667 WP No. 17333 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO. 17333 OF 2026 (LB-BMP) BETWEEN: M/S NAYAN AND PATEL AUTOMOBILES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932/ HAVING OFFICE AT NO. 77, OPP R.V COLLEGE OF ENGINEERING DUVASAPALYA, MYSORE ROAD, BANGALORE-560 059 REPRESENTED BY ITS MANAGING PARTNER SRI. NAYAN GOWDA S/O DR GOPAL GOWDA AGED ABOUT 33 YEARS …PETITIONER (BY DR. PRAJWAL K ARADHYA., ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY HUDSON CIRCLE, N.R. SQUARE, BENGALURU, KARNATAKA 560002 (NEAR TOWN HALL AND OPPOSITE THE LIC BUILDING) BY ITS CHIEF COMMISSIONER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31667 WP No. 17333 of 2026 2. HEALTH INSPECTOR OFFICE OF THE MEDICAL OFFICER OF HEALTH, RAJARAJESHWARI NAGAR ZONE, KENGERI SUB DIVISION, KENGERI, BENGALURU - 560060. 3. MR C PURUSHOTHAM S/O LT GK CHIKKANARASIMHAIH AGED ABOUT 71 YEARS R/A NO. 212 BELLARY ROAD, SADASHIVANAGARA, BENGALURU-560080. …RESPONDENTS (BY SRI PAWAN KUMAR, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND PRAYING TO I. ISSUE A WRIT OF PROHIBITION RESTRAINING RESPONDENT NO. 2 PROCEEDINGS WITH THE PROCESS OF EVICTION OF THE PETITIONER PURSUANT TO THE NOTICE DATED 29.05.2026 BEARING NUMBER AAY/KEM.V/PR/43/2026-27 PRODUCED AT ANNEXURE A; THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31667 WP No. 17333 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner runs a Car Spa in the property bearing No.77, Opposite R.V. College of Engineering, Valagerahalli Village, Kengeri Hobli, Bengaluru South Taluk, Mysuru Road, Bengaluru–560 059 [the subject property], and the petitioner's grievance is with the Show Cause Notice dated 29.05.2026 [Annexure-A] issued by the second respondent. The second respondent has issued this Notice informing the petitioner that [a] he is running a Car Spa unauthorizedly; [b] the landowner has filed objections stating that he cannot continue with the business because the lease period has expired; and [c] the petitioner must offer its explanation lest there be action under Section 303 of the Greater Bengaluru Governance Act, 2024 [for short, ‘the GBG Act’]. The petitioner can show cause against an action under Section 303 of the GBG Act. If the petitioner files response contending inter alia that the - 4 - HC-KAR NC: 2026:KHC:31667 WP No. 17333 of 2026 petitioner’s possession of the subject property would be lawful until there is a decree for ejection in a properly instituted suit, and until there is such ejection, the petitioner’s occupation of the premises cannot be unlawful, or the petitioner be denied Trade License on that score. The second respondent will have to consider the same in the light of the settled position of law that a tenant, on expiry of the lease period, continues in possession of the subject premises/property as a Tenant Holding Over with the right not to be dispossessed otherwise by a decree. This Court, therefore, is of the view that the petitioner must file its response to the Show Cause Notice and must have a reasonable time without the second respondent being precipitous. Hence the following. ORDER The petition stands disposed of reserving liberty to the petitioner to file a - 5 - HC-KAR NC: 2026:KHC:31667 WP No. 17333 of 2026 response to the Show Cause Notice dated 29.05.2026 [Annexure-A] by 15.07.2026 calling upon the first and the second respondents to defer all action until the petitioner’s representation is duly considered by a reasoned order in the light of this Court’s observations. Sd/- (B M SHYAM PRASAD) JUDGE AN/-